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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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LLoydstsb here I come! - Un1boy vs LTSB ** WON **


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Is this standard practise now? theuy have said they want another month in order to settle and also want a copy of my AQ = also, they reckon they have an expert witness to call up - any ideas who/what that might be about?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Also, does this mean that I should now start preparing my case? If so, any advice on what I should be getting together etc would be greatly appreciated!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi

I think what comes next is a letter from the court saying that you both have a month to negotiate and they give a date and expect either settlement to have been reached or anothe Aq filed. Then you write to them offering to open negotiations they ignore you and so on and so on until you finally get a court date and then they settle just before this!!!!!!!

 

They are complete barstewards and drag it out as long as possible. You just have to read Freebirds post to see how bad they are.

 

Good luck

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Thanks Midge

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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OK, I have read something in another Thread by BankFodder and I ahve decided to send this to the Solicitors:

___

Thank you for your letter dated xxxx and for sending me a copy of your completed Allocation Questionnaire. Please find enclosed a copy of my completed Allocation Questionnaire which you will see was received by the Court xxxxx.

I have noted that you have selected “Yes” to section A in order to postpone the claim for one month to attempt a settlement. I am more than happy to enter into a sincere dialogue with you regarding the claim and would like to point out the following:

1. I agree that Lloyds Tsb are entitled to recover losses caused by my breach. However, I do not agree that they may profit from the breach. I am not requesting anything here, other than the rights I am entitled to as settled in law.

2. Alternatively if it does turn out Lloyds TSB’s charges are for a service and not imposed because of a breach, which is something that at the present time I do not admit, I would agree that they are entitled to make a profit. However, my position is that they are only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Suppy of Goods and Service Act 1982.

 

This means then is that I disagree on only two points, Lloyds TSB’s costsings and the status of the charges.

 

The first point which is the major point of disagreement is also the most easliy resolved:

 

If the defendants will simply provide a breakdown of their actual losses in my particular case, then after examining it I will agree whatever it discloses.

 

The second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which is far more suited to be decided by an independent lawyer - such as a judge, for example. However I might be prepared to concede this to them depending upon the outcome of the first point.

 

I would appreciate a reply acknowledging receipt of the my Allocation Questionnaire as well as addressing the points mentioned above.

__________

Any ideas etc greatly apprecdiated!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I'll send the above letter tomrrow, so any feedback before then would be great!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hiya

 

Got a letter from the court tody returning my request for judgement. also the said that a district judge is considering our AQ's so guess it's just sitting and waiting, huh?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Ok guys....I've been issued with a Court date - end of JAn.

 

The judge ignored my request for it to be transferred - I'm going to have to call the Courtn Monday and ask them to transfer it.

 

Guess I have to waitthen until Jan before they'll pay out?!

 

Damn it,

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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What are your directions?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary - what do mean? I was just abt to ask for some help with preapring my court bundle - I'm a bit sscareout all this now, lol.....but, i'll be ok!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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You'll be fine! Get your evidance bundle off and you should find they pay up very soon after. Directions will be on the notice of allocation and they will tell you what you need to provide and by what date. You will need 3 copies of the 'court bundle' from the templates library. Add to that all correspondance between you and Lloyds, your statements or account printouts showing the charges, your schedule and any other evidance you think you might need - ie the McNamara interview transcript. Also, you should find my statement of evidance useful, it's basically a summery of evidance against the 'service charge' arguement. Use whatever you like of it, but edit the bits that don't apply. - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary -I'm going to put in a bank account program I made as well, which applies charges automatically........where do I get the McNarmara Interview transcript from?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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h, and in answer to your directions question....I have't been given any yet.

 

The letter I got says General Form of Judgment or Order

 

the body of the letter says: Before Ditrict Judge xxx sitting at xxx County Court, the Law Courts, xxxxxxxx

 

It is ordered that

 

List for preliminary hearing on 26th January 2007 at 12.00pm with time estimate of 15 minutes.

 

dated xxx

______________

And that's all ti says!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy vs Experian - Default removal

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Templates library. Remember you need 3 copies of everything - one to SC&M, one to the court and one for yourself (your's should include the origional documents).

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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h, and in answer to your directions question....I have't been given any yet.

 

The letter I got says General Form of Judgment or Order

 

the body of the letter says: Before Ditrict Judge xxx sitting at xxx County Curt, the Law Courts, xxxxxxxx

 

It is ordered that

 

List for preliminary hearing on 26th January 2007 at 12.00pm with time estimate of 15 minutes.

 

dated xxx

______________

And that's all ti says!!

 

Hi

This isn't your "proper" Court hearing I don't think?? Sounds like a pre-trial hearing? Anyone agree??

Barty :)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Ah, right. Well in that case don't send your bundle yet then. Only send that upon the corts directions, which will probably be given at your prelim hearing. Bit of a wait then I'm afraid!

 

Could try putting pressure on them to settle in the meantime perhaps. Try this if you like (send a copy to the court too);

 

Dear Sir/Madam,

 

** weeks have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose.

 

To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of **/**/** has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the court in such contempt as to abuse the system in the manner to which a false indication such as this would equate.

 

I will therefore assume that your failure to contact me is merely an oversight. As this oversight has now been drawn to your attention, I will again await your proposals for the resolution of this matter and I trust this will come within the next 7 days. Should you not respond positively within this time, I will make representations directly to the judge dealing with this case and request that your conduct be investigated and dealt with accordingly.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hiya Gary,

 

cheers for your help; i'll prepare my bundle now anyway, saves time later...

I'll send the letter you suggest - I'm sending them a followup to the last one I sent them anywho on monday, so I will incorporate the one u quoted abiove into that and post it! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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OK, so I've not heard anything from the Solicitors since the letter I sent on 7th, not even an acknowledgement that they received my AQ!!

 

Here's the followup one I'm sending:

____

I am writing in response to my letter date 7th November 2006, which you received 8th November 2006. I am disappointed you have failed to respond to the points I raised and more so that you failed to acknowledge receipt of my Allocation Questionnaire, as I requested.

You mentioned on your Allocation Questionnaire that you could not attend Court during November 2006 in order to obtain more time in order to discuss settlement. You received my letter and Allocation Questionnaire 12 days ago and I have not had a response. I would appreciate you honouring the request you made and write to me in order to discuss a settlement. I would also appreciate acknowledgement of my Allocation Questionnaire, as a matter of courtesy.

Your Sincerely,

 

Mr. Un1boy

 

cc. County Court

____

 

Any feedback?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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  • 2 weeks later...

hello.

 

I don't know if anyone is follwoing this thread anymore, but I'll let you know what's happened now:

 

I called the solicitors to ask what's happening after sending the letter above. The lady told me that they are sending me an offer letter this week - I'm not getting my hopes up and I'm certainly not holding my breath. It will be interesting to see what sort of offensive sum they seem fit to offer me as pat payment. I'll keep you posted.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Aw hi guys and thanks for letting me know you're still there!! :)

 

I really, rally hope I am nearly there - this is the last of my charges claims now and I'm kinda sad, lol - I like to be kept busy and love getting cheques through the post, hehe!! Strange logic, but you all know what I mean!!

 

Would it help if I posted up all the letters I received from the solicitor's, there defence etc?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hello Un1boy, just read through all ur thread, it's helping me a lot and it's all very exciting as well as nerve racking. Hope it all goes well. I'm just about to ask for my charges back. LTSB £512. Look out for my thread coming soon.

Good luck to every1 else too.

 

Cheers,

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